Barristers' Board v Power

In the Supreme Court of Queensland, the appeal heard in Motion No. 7897 of 1997 involved the Barristers’ Board against Craig Edward Revie Power, concerning an application for conditional admission as a barrister of the Supreme Court of Queensland. The matter was presented before Pincus J.A., McPherson J.A., and Davies J.A., who delivered their judgment on 19 December 1997. The court was tasked with determining whether Power was fit and proper to be admitted as a barrister, specifically under the conditional admission provisions outlined in the Barristers' Admission Rules 1975. The primary legal issue before the court was whether Power met the criteria for conditional admission, given his previous legal practice and his conduct.

The court examined the nature and extent of Power's legal experience, as well as his professional conduct and character. It was noted that Power had previously been admitted as a solicitor but had been struck off the roll due to misconduct. The court considered the principles of rehabilitation and the likelihood of Power acting in a manner consistent with the obligations and standards expected of a barrister. The court had to balance the potential for rehabilitation against the risk of repetition of misconduct. The decision hinged on whether Power demonstrated sufficient remorse, understanding of his past errors, and a commitment to uphold the highest standards of professional conduct.

In their judgment, the court concluded that Power had not demonstrated the requisite level of remorse and understanding of his past conduct to warrant conditional admission. The court found that Power's previous actions and the nature of his misconduct raised significant concerns about his fitness to be admitted as a barrister. The judges were not satisfied that Power had sufficiently addressed the underlying issues that led to his previous removal from practice. Consequently, the court determined that Power did not meet the necessary standards for conditional admission, and the application was refused. The court's decision was based on the balance of probabilities and the need to protect the integrity and reputation of the legal profession.

Counsel:	Mr. M. J. Byrne Q.C. for the applicant Mr. J. A. Crowley Q.C. for the Barristers' Board
Hearing Date:	18 December 1997

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IN THE COURT OF APPEAL	[1997] QCA 451
SUPREME COURT OF QUEENSLAND